State v. Boyce

Citations

• 24 Wash. 514
• 64 P. 719
• 1901 Wash. LEXIS 563

Syllabus

<p>CRIMINAL LAW-PREMATURE ARRAIGNMENT AND PLEA-HARMLESS ERROR.</p> <p>Error of tbe court, if any, in arraigning defendant in a criminal prosecution and compelling him to enter his plea before procuring counsel is cured by the subsequent action of the court, after the appointment of counsel, in allowing the plea to be withdrawn and the validity of the information to he attacked by demurrer and motion to quash.</p> <p>SAME' — PROSECUTION BY INFORMATION.</p> <p>While certain facts must exist in order to warrant prosecution by information, it is not necessary that the existence of such facts should appear upon the face of the 'information.</p> <p>SAME — CONTINUANCE — ■ DISCRETION OP COURT.</p> <p>The refusal of the court to grant a continuance in a criminal prosecution does not show an abuse of the discretion vested in it, when it appears that several of the witnesses, including those absolutely necessary to the defense, for whom the continuance was asked, were present at the trial, and that other witnesses were obtained from localities where the witnesses lived who were mentioned in the affidavit for continuance, and who testified substantially to all that it was claimed in the affidavit the witnesses desired would testify to.</p> <p>JUROR-VOIR DIRE-RIGHT OF COURT TO PUT LEADING QUESTIONS.</p> <p>The fact that the court, for the purpose of passing upon the qualifications of a juror who has been challenged, asks him the leading question, “Would you not obey the instruction of the court as to the law in the case”? would not constitute error.</p> <p>SAME COMPETENCY — BIAS.</p> <p>A juror is not chargeable with bias or implied bias when he states on his examination that he would require no greater evidence to convict a man of murder in the first degree where the penalty is death than he would where the penalty is imprisonment in the penitentiary.</p> <p>SAME-IMPRESSIONS ACQUIRED BY READING NEWSPAPER.</p> <p>In a prosecution for murder, when the fact of killing was not deni